S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1489

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens. PARKER, HUNTLEY, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  "protection of victims of domestic violence act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The executive law is amended by adding a new article 22-A
to read as follows:
                              ARTICLE 22-A
               PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE
SECTION 636. SHORT TITLE.
        637. CONDITIONS FOR RELEASING DEFENDANTS  TO  PROTECTIVE  CONDI-
                      TIONS.
  S  636.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE ACT".
  S 637. CONDITIONS FOR RELEASING DEFENDANTS TO  PROTECTIVE  CONDITIONS.
1.  A JUDGE MAY RELEASE UNDER THIS SECTION A DEFENDANT SUBJECT TO CONDI-
TIONS  REASONABLY  NECESSARY  FOR  THE  PROTECTION  OF ONE OR MORE NAMED
PERSONS. IF A JUDGE RELEASES UNDER THIS SECTION A DEFENDANT  SUBJECT  TO
PROTECTIVE  CONDITIONS,  THE  JUDGE SHALL MAKE A FINDING OF THE NEED FOR
PROTECTIVE CONDITIONS AND INFORM THE DEFENDANT  ON  THE  RECORD,  EITHER
ORALLY OR BY A WRITING THAT IS PERSONALLY DELIVERED TO THE DEFENDANT, OF
THE  SPECIFIC  CONDITIONS  IMPOSED  AND THAT IF THE DEFENDANT VIOLATES A
CONDITION OF RELEASE, HE OR SHE WILL BE  SUBJECT  TO  ARREST  WITHOUT  A
WARRANT AND MAY HAVE HIS OR HER BAIL FORFEITED OR REVOKED AND NEW CONDI-
TIONS OF RELEASE IMPOSED, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE
IMPOSED IF THE DEFENDANT IS FOUND IN CONTEMPT OF COURT.
  2.  AN  ORDER  OR  AMENDED  ORDER ISSUED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL CONTAIN ALL OF THE FOLLOWING:
  (A) A STATEMENT OF THE DEFENDANT'S FULL NAME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01321-01-1
              

S. 1489                             2

  (B) A STATEMENT OF THE DEFENDANT'S HEIGHT, WEIGHT, RACE, SEX, DATE  OF
BIRTH,  HAIR COLOR, EYE COLOR, AND ANY OTHER IDENTIFYING INFORMATION THE
JUDGE CONSIDERS APPROPRIATE.
  (C) A STATEMENT OF THE DATE THE CONDITIONS BECOME EFFECTIVE.
  (D) A STATEMENT OF THE DATE ON WHICH THE ORDER WILL EXPIRE.
  (E) A STATEMENT OF THE CONDITIONS IMPOSED.
  3.  AN ORDER OR AMENDED ORDER ISSUED UNDER THIS SUBDIVISION AND SUBDI-
VISION ONE OF THIS SECTION MAY IMPOSE A CONDITION THAT THE DEFENDANT NOT
PURCHASE OR POSSESS A FIREARM. HOWEVER, IF THE COURT ORDERS THE  DEFEND-
ANT  TO  CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS A CONDITION
OF RELEASE AS DESCRIBED IN SUBDIVISION SIX OF THIS  SECTION,  THE  COURT
SHALL ALSO IMPOSE A CONDITION THAT THE DEFENDANT NOT PURCHASE OR POSSESS
A FIREARM.
  4.  THE JUDGE SHALL IMMEDIATELY DIRECT A LAW ENFORCEMENT AGENCY WITHIN
THE JURISDICTION OF THE COURT, IN WRITING, TO ENTER AN ORDER OR  AMENDED
ORDER  ISSUED  UNDER SUBDIVISION ONE OF THIS SECTION OR SUBDIVISIONS ONE
AND THREE OF THIS SECTION INTO THE COMPUTER SYSTEM TO CARRY  INFORMATION
OF  ORDERS  OF  PROTECTION AND WARRANTS OF ARREST AS PROVIDED BY SECTION
TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER. IF THE ORDER OR AMENDED  ORDER
IS  RESCINDED,  THE  JUDGE  SHALL  IMMEDIATELY ORDER THE LAW ENFORCEMENT
AGENCY TO REMOVE THE ORDER OR AMENDED ORDER FROM THE COMPUTER SYSTEM  TO
CARRY INFORMATION OF ORDERS OF PROTECTION AND WARRANTS OF ARREST.
  5. A LAW ENFORCEMENT AGENCY WITHIN THE JURISDICTION OF THE COURT SHALL
IMMEDIATELY  ENTER AN ORDER OR AMENDED ORDER INTO THE COMPUTER SYSTEM TO
CARRY INFORMATION OF ORDERS OF PROTECTION  AND  WARRANTS  OF  ARREST  AS
PROVIDED  BY  SECTION TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER, OR SHALL
REMOVE THE ORDER OR AMENDED ORDER FROM  THE  COMPUTER  SYSTEM  TO  CARRY
INFORMATION  OF ORDERS OF PROTECTION AND WARRANTS OF ARREST UPON EXPIRA-
TION OF THE ORDER OR AS DIRECTED BY THE COURT UNDER SUBDIVISION FOUR  OF
THIS SECTION.
  6.  IF  A  DEFENDANT  WHO  IS  CHARGED WITH A CRIME INVOLVING DOMESTIC
VIOLENCE IS RELEASED UNDER THIS SECTION, THE JUDGE MAY ORDER THE DEFEND-
ANT TO CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS  A  CONDITION
OF  RELEASE. WITH THE INFORMED CONSENT OF THE VICTIM, THE COURT MAY ALSO
ORDER THE DEFENDANT TO PROVIDE THE VICTIM OF THE CHARGED CRIME  WITH  AN
ELECTRONIC  RECEPTOR  DEVICE CAPABLE OF RECEIVING THE GLOBAL POSITIONING
SYSTEM INFORMATION FROM THE DEVICE CARRIED OR WORN BY THE DEFENDANT THAT
NOTIFIES THE VICTIM IF THE DEFENDANT IS LOCATED WITHIN  A  PROXIMITY  TO
THE  VICTIM  AS DETERMINED BY THE JUDGE IN CONSULTATION WITH THE VICTIM.
THE VICTIM SHALL ALSO BE FURNISHED WITH A  TELEPHONE  CONTACT  WITH  THE
LOCAL  LAW  ENFORCEMENT  AGENCY  TO  REQUEST IMMEDIATE ASSISTANCE IF THE
DEFENDANT IS LOCATED WITHIN THAT PROXIMITY TO THE VICTIM.  IN  ADDITION,
THE  VICTIM  MAY PROVIDE THE COURT WITH A LIST OF AREAS FROM WHICH HE OR
SHE WOULD LIKE THE DEFENDANT EXCLUDED.  THE  COURT  SHALL  CONSIDER  THE
VICTIM'S  REQUEST AND SHALL DETERMINE WHICH AREAS THE DEFENDANT SHALL BE
PROHIBITED FROM ACCESSING. THE COURT SHALL INSTRUCT THE GLOBAL POSITION-
ING SYSTEM TO NOTIFY THE PROPER AUTHORITIES IF  THE  DEFENDANT  VIOLATES
THE ORDER. IN DETERMINING WHETHER TO ORDER A DEFENDANT TO PARTICIPATE IN
GLOBAL POSITIONING SYSTEM MONITORING, THE COURT SHALL CONSIDER THE LIKE-
LIHOOD  THAT  THE DEFENDANT'S PARTICIPATION IN GLOBAL POSITIONING SYSTEM
MONITORING WILL DETER THE DEFENDANT FROM  SEEKING  TO  KILL,  PHYSICALLY
INJURE,  STALK,  OR  OTHERWISE  THREATEN  THE VICTIM PRIOR TO TRIAL. THE
VICTIM MAY REQUEST THE COURT TO TERMINATE THE VICTIM'S PARTICIPATION  IN
GLOBAL  POSITIONING  SYSTEM MONITORING OF THE DEFENDANT AT ANY TIME. THE
COURT SHALL NOT IMPOSE SANCTIONS ON THE VICTIM FOR REFUSING  TO  PARTIC-
IPATE  IN  GLOBAL  POSITIONING  SYSTEM  MONITORING UNDER THIS SECTION. A

S. 1489                             3

DEFENDANT DESCRIBED IN THIS SECTION SHALL ONLY BE  RELEASED  UNDER  THIS
SECTION  IF HE OR SHE AGREES TO PAY THE COST OF THE DEVICE AND ANY MONI-
TORING OF THE DEVICE AS A CONDITION OF RELEASE OR TO  PERFORM  COMMUNITY
SERVICE WORK IN LIEU OF PAYING THAT COST. AS USED IN THIS SECTION:
  (A)  "DOMESTIC  VIOLENCE" MEANS AN ACT WHICH WOULD CONSTITUTE A FAMILY
OFFENSE PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED  TWELVE  OF
THE FAMILY COURT ACT.
  (B)  "GLOBAL  POSITIONING  SYSTEM"  MEANS A SYSTEM THAT ELECTRONICALLY
DETERMINES AND REPORTS THE LOCATION OF AN  INDIVIDUAL  BY  MEANS  OF  AN
ANKLE BRACELET TRANSMITTER OR SIMILAR DEVICE WORN BY THE INDIVIDUAL THAT
TRANSMITS  LATITUDE AND LONGITUDE DATA TO MONITORING AUTHORITIES THROUGH
GLOBAL POSITIONING SATELLITE TECHNOLOGY BUT DOES NOT CONTAIN OR  OPERATE
ANY  GLOBAL POSITIONING SYSTEM TECHNOLOGY OR RADIO FREQUENCY IDENTIFICA-
TION TECHNOLOGY OR SIMILAR TECHNOLOGY THAT IS IMPLANTED IN OR  OTHERWISE
INVADES OR VIOLATES THE CORPOREAL BODY OF THE INDIVIDUAL.
  (C)  "INFORMED  CONSENT"  MEANS  THAT THE VICTIM WAS GIVEN INFORMATION
CONCERNING ALL OF THE FOLLOWING  BEFORE  CONSENTING  TO  PARTICIPATE  IN
GLOBAL POSITIONING SYSTEM MONITORING:
  (1)  THE VICTIM'S RIGHT TO REFUSE TO PARTICIPATE IN GLOBAL POSITIONING
SYSTEM MONITORING AND THE PROCESS FOR REQUESTING THE COURT TO  TERMINATE
THE VICTIM'S PARTICIPATION AFTER IT HAS BEEN ORDERED.
  (2) THE MANNER IN WHICH THE GLOBAL POSITIONING SYSTEM MONITORING TECH-
NOLOGY  FUNCTIONS  AND THE RISKS AND LIMITATIONS OF THAT TECHNOLOGY, AND
THE EXTENT TO WHICH THE  SYSTEM  WILL  TRACK  AND  RECORD  THE  VICTIM'S
LOCATION AND MOVEMENTS.
  (3)  THE  BOUNDARIES  IMPOSED ON THE DEFENDANT DURING THE GLOBAL POSI-
TIONING SYSTEM MONITORING.
  (4) SANCTIONS THAT THE COURT MAY IMPOSE ON THE DEFENDANT FOR VIOLATING
AN ORDER ISSUED UNDER THIS SUBDIVISION.
  (5) THE PROCEDURE THAT THE  VICTIM  IS  TO  FOLLOW  IF  THE  DEFENDANT
VIOLATES AN ORDER ISSUED UNDER THIS SUBDIVISION OR IF GLOBAL POSITIONING
SYSTEM EQUIPMENT FAILS.
  (6)  IDENTIFICATION OF SUPPORT SERVICES AVAILABLE TO ASSIST THE VICTIM
TO DEVELOP A SAFETY PLAN TO USE IF THE COURT'S ORDER ISSUED  UNDER  THIS
SUBDIVISION IS VIOLATED OR IF GLOBAL POSITIONING SYSTEM EQUIPMENT FAILS.
  (7)  IDENTIFICATION  OF  COMMUNITY  SERVICES  AVAILABLE  TO ASSIST THE
VICTIM IN OBTAINING SHELTER, COUNSELING, EDUCATION,  CHILD  CARE,  LEGAL
REPRESENTATION,  AND  OTHER  HELP  IN  ADDRESSING  THE  CONSEQUENCES AND
EFFECTS OF DOMESTIC VIOLENCE.
  (8) THE NONCONFIDENTIAL NATURE OF THE VICTIM'S COMMUNICATIONS WITH THE
COURT  CONCERNING  GLOBAL  POSITIONING   SYSTEM   MONITORING   AND   THE
RESTRICTIONS TO BE IMPOSED UPON THE DEFENDANT'S MOVEMENTS.
  7.  THIS  SECTION  DOES  NOT  LIMIT  THE AUTHORITY OF JUDGES TO IMPOSE
PROTECTIVE OR OTHER RELEASE CONDITIONS UNDER OTHER  APPLICABLE  STATUTES
OR COURT RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.